CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 139 Urgent maintenance orders

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 139

  (1)   Where, at any time after an application has been made to the Registrar for administrative assessment of child support for a child (whether or not the Registrar has accepted or refused to accept the application), a court having jurisdiction under this Act is of the opinion that the child is in urgent need of financial assistance, the court may order the payment of such periodic or other amount as the court considers appropriate.

  (2)   Subject to subsection   (2A) and section   152, an order under subsection   (1) has effect for the period specified in the order.

  (2A)   If:

  (a)   the Registrar has made a decision refusing to accept the application for administrative assessment of child support; and

  (b)   the order under subsection   (1) has not sooner ceased to have effect under subsection   (2);

the order ceases to have effect:

  (c)   if the decision of the Registrar becomes final--at the time when that decision becomes final; or

  (d)   if:

  (i)   the decision of the Registrar does not become final; and

  (ii)   one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section   29 that a person who was to be assessed in respect of the costs of the child is a parent of the child;

    at the time when a decision of a court becomes final, being a decision (whether under section   106A or on appeal from a decision of a court under that section) that the person is not a parent of the child; or

  (e)   in any other case--at the time when a decision that the applicant was not entitled to administrative assessment of child support becomes final, being a decision of the AAT or a court under the AAT Act or on appeal from such a decision of a court.

  (2B)   For the purposes of subsection   (2A), a decision of the Registrar refusing to accept an application for administrative assessment of child support becomes final if an application:

  (a)   to a court under section   106A (declarations of entitlement to administrative assessment); or

  (b)   to the AAT for an AAT first review within the meaning of the Registration and Collection Act;

is not made within the period for doing so. The application becomes final at the end of the period.

Note:   For determining when decisions of the AAT become final, see section   110W of the Registration and Collection Act.

  (3)   A proceeding under this section may be instituted by the applicant for administrative assessment of child support against a person who was to be assessed in respect of the costs of the child.